193 

Animal and Plant Health Inspection Service, USDA § 55.1 

§ 54.22 State scrapie certification 

boards. 

An area veterinarian in charge, after 

consulting with a State representative 

and industry representatives, may appoint a State scrapie certification 

board for the purpose of coordinating 

activities for the Scrapie Flock Certification Program, including making decisions to admit flocks to the Scrapie 

Flock Certification Program and to 

change flock status in accordance with 

the Scrapie Flock Certification Program standards. These boards are not 

appointed for the purpose of providing 

APHIS with consensus advice or policy 

recommendations. No more than one 

State scrapie certification board may 

be formed in each State. Each State 

scrapie certification board shall include as members the area veterinarian 

in charge, one or more State representatives, one or more accredited veterinarians, when possible, and one or 

more owners of flocks, and, at the discretion of the area veterinarian in 

charge, may include other members. 

PART 55—CONTROL OF CHRONIC 

WASTING DISEASE 

Sec. 

55.1 Definitions. 

Subpart A—Chronic Wasting Disease 

Indemnification Program 

55.2 Payment of indemnity. 

55.3 Appraisal and destruction of captive 

cervids. 

55.4 Disinfection of premises, conveyances, 

and materials. 

55.5 Presentation of claims for indemnity. 

55.6 Mortgage against animals. 

55.7 Claims not allowed. 

55.8 Official CWD tests and approval of laboratories to conduct official CWD tests. 

Subpart B—Chronic Wasting Disease Herd 

Certification Program 

55.21 Administration. 

55.22 Participation and enrollment. 

55.23 Responsibilities of States and enrolled 

herd owners. 

55.24 Herd status. 

55.25 Animal identification. 

AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 

2.80, and 371.4. 

SOURCE: 67 FR 5931, Feb. 8, 2002, unless otherwise noted. 

§ 55.1 Definitions. 

Accredited veterinarian. A veterinarian approved by the Administrator 

in accordance with part 161 of this 

chapter to perform functions specified 

in subchapters B, C, and D of this chapter. 

Administrator. The Administrator, 

Animal and Plant Health Inspection 

Service, or any person authorized to 

act for the Administrator. 

Animal. Any farmed or captive deer, 

elk, or moose. 

Animal identification. A device or 

means of animal identification approved for use under this part by 

APHIS. Examples of animal identification devices that APHIS has approved 

are listed in §55.25. 

Animal identification number (AIN). A 

numbering system for the official identification of individual animals in the 

United States. The AIN contains 15 digits, with the first 3 being the country 

code (840 for the United States), the 

alpha characters USA, or the numeric 

code assigned to the manufacturer of 

the identification device by the International Committee on Animal Recording. 

Animal and Plant Health Inspection 

Service (APHIS). The Animal and Plant 

Health Inspection Service of the United 

States Department of Agriculture. 

APHIS employee. Any individual employed by the Animal and Plant Health 

Inspection Service who is authorized 

by the Administrator to do any work 

or perform any duty in connection with 

the control and eradication of disease. 

Approved State CWD Herd Certification 

Program. A program operated by a 

State government for certification of 

cervid herds with respect to CWD that 

the Administrator has determined to 

meet the requirements of §55.23(a). 

Cervid. All members of the family 

Cervidae and hybrids, including deer, 

elk, moose, caribou, reindeer, and related species. For the purposes of this 

part, the term ‘‘cervid’’ refers specifically to cervids susceptible to CWD. 

These are animals in the genera 

Odocoileus, Cervus, and Alces and their 

hybrids, i.e., deer, elk, and moose. 

Commingled, commingling. Animals are 

commingled if they have direct contact 

with each other, have less than 10 feet 


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§ 55.1 9 CFR Ch. I (1–1–16 Edition) 

of physical separation, or share equipment, pasture, or water sources/watershed. Animals are considered to have 

commingled if they have had such contact with a positive animal or contaminated premises within the last 5 years. 

CWD-exposed animal. An animal that 

is part of a CWD-positive herd, or that 

has been exposed to a CWD-positive 

animal or contaminated premises within the previous 5 years. 

CWD-exposed herd. A herd in which a 

CWD-positive animal has resided within 5 years prior to that animal’s diagnosis as CWD-positive, as determined 

by an APHIS employee or State representative. 

CWD Herd Certification Program. The 

Chronic Wasting Disease Herd Certification Program established by this 

part. This program includes both herds 

that are directly enrolled in the CWD 

Herd Certification Program and herds 

that are included based on their participation in Approved State CWD Herd 

Certification Programs. 

CWD-positive animal. An animal that 

has had a diagnosis of CWD established 

through official confirmatory testing 

conducted by the National Veterinary 

Services Laboratories. 

CWD positive herd. A herd in which a 

CWD positive animal resided at the 

time it was diagnosed and which has 

not been released from quarantine. 

CWD-source herd. A herd that is identified through testing, tracebacks, and/ 

or epidemiological evaluations to be 

the source of CWD-positive animals 

identified in other herds. 

CWD-suspect animal. An animal for 

which an APHIS employee or State 

representative has determined that unofficial CWD test results, laboratory 

evidence or clinical signs suggest a diagnosis of CWD, but for which official 

laboratory results have been inconclusive or not yet conducted. 

CWD-suspect herd. A herd for which 

unofficial CWD test results, laboratory 

evidence, or clinical signs suggest a diagnosis of CWD, as determined by an 

APHIS employee or State representative, but for which official laboratory 

results have been inconclusive or not 

yet conducted. 

Deer, elk, and moose. All animals in 

the genera Odocoileus, Cervus, and 

Alces and their hybrids. 

Department. The United States Department of Agriculture. 

Farmed or captive. Privately or publicly maintained or held for economic 

or other purposes within a perimeter 

fence or confined area, or captured 

from a free-ranging population for 

interstate movement and release. 

Herd. One or more animals that are: 

(1) Under common ownership or supervision and are grouped on one or 

more parts of any single premises (lot, 

farm, or ranch) or 

(2) All animals under common ownership or supervision on two or more 

premises which are geographically separated but on which animals have been 

interchanged or had direct or indirect 

contact with one another. 

Herd plan. A written herd and/or 

premises management agreement developed by APHIS in collaboration 

with the herd owner, State representatives, and other affected parties. The 

herd plan will not be valid until it has 

been reviewed and signed by the Administrator, the State representative, 

and the herd owner. A herd plan sets 

out the steps to be taken to control the 

spread of CWD from a CWD-positive 

herd, to control the risk of CWD in a 

CWD-exposed or CWD-suspect herd, or 

to prevent introduction of CWD into 

that herd or any other herd. A herd 

plan will require specified means of 

identification for each animal in the 

herd; regular examination of animals 

in the herd by a veterinarian for clinical signs of disease; reporting to a 

State or APHIS representative of any 

clinical signs of a central nervous system disease or chronic wasting condition in the herd; maintaining records 

of the acquisition and disposition of all 

animals entering or leaving the herd, 

including the date of acquisition or removal, name and address of the person 

from whom the animal was acquired or 

to whom it was disposed; and the cause 

of death, if the animal died while in the 

herd. A herd plan may also contain additional requirements to prevent or 

control the possible spread of CWD, depending on the particular circumstances of the herd and its premises, including but not limited to depopulation of the herd, specifying the 

time for which a premises must not 


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Animal and Plant Health Inspection Service, USDA § 55.1 

contain cervids after CWD-positive, -exposed, or -suspect animals are removed 

from the premises; fencing requirements; selective culling of animals; restrictions on sharing and movement of 

possibly contaminated livestock equipment; premises cleaning and disinfection requirements; or other requirements. A herd plan may be reviewed 

and changes to it suggested at any 

time by any party signatory to it, in 

response to changes in the situation of 

the herd or premises or improvements 

in understanding of the nature of CWD 

epidemiology or techniques to prevent 

its spread. The revised herd plan will 

become effective after it is reviewed by 

the Administrator and signed by the 

Administrator, the State representative, and the herd owner. 

Herd status. The status of a herd assigned under the CWD Herd Certification Program in accordance with 

§55.24, indicating a herd’s relative risk 

for CWD. Herd status is based on the 

number of years of monitoring without 

evidence of the disease and any specific 

determinations that the herd has contained or has been exposed to a CWDpositive, -exposed or -suspect animal. 

Materials. Parts of barns or other 

structures, straw, hay, and other feed 

for animals, farm products or equipment, clothing, and any other articles 

on the premises that have been in contact with captive cervids. 

Mortgage. Any mortgage, lien, or 

other security or beneficial interest 

held by any person other than the one 

claiming indemnity. 

National Uniform Eartagging System. A 

numbering system for the official identification of individual animals in the 

United States providing a nationally 

unique identification number for each 

animal. The National Uniform 

Eartagging System employs an eightor nine-character alphanumeric format, consisting of a two-number State 

or territory code, followed by two or 

three letters and four additional numbers. Official APHIS disease control 

programs may specify which format to 

employ. 

Official animal identification. A device 

or means of animal identification approved for use under this part by 

APHIS to uniquely identify individual 

animals. Examples of approved official 

animal identification devices are listed 

in §55.25. The official animal identification must include a nationally unique 

animal identification number that adheres to one of the following numbering systems: 

(1) National Uniform Eartagging System. The CWD program allows the use 

of either the eight-character or ninecharacter format for cervids. 

(2) Animal identification number 

(AIN). 

(3) Premises-based number system. 

The premises-based number system 

combines an official premises identification number (PIN), as defined in 

this section, with a producer’s livestock production numbering system to 

provide a unique identification number. The PIN and the production number must both appear on the official 

tag. 

(4) Any other numbering system approved by the Administrator for the 

identification of animals in commerce. 

Official appraiser (APHIS official appraiser, State official appraiser). A person authorized by APHIS (an APHIS 

official appraiser) or a State (a State 

official appraiser) to appraise animals 

for the purposes of this part. An official appraiser may be an APHIS employee, a State employee, or a professional livestock appraiser working 

under contract to APHIS or a State. 

Official CWD test. Any test for the diagnosis of CWD approved by the Administrator and conducted in a laboratory approved by the Administrator in 

accordance with §55.8 of this part. 

Person. Any individual, corporation, 

company, association, firm, partnership, society, joint stock company, or 

other legal entity. 

Premises identification number (PIN). A 

nationally unique number assigned by 

a State, Tribal, and/or Federal animal 

health authority to a premises that is, 

in the judgment of the State, Tribal, 

and/or Federal animal health authority, a geographically distinct location 

from other premises. The premises 

identification number is associated 

with an address, geospatial coordinates, and/or location descriptors 

which provide a verifiably unique location. The premises identification number may be used in conjunction with a 

producer’s own livestock production 


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§ 55.2 9 CFR Ch. I (1–1–16 Edition) 

numbering system to provide a unique 

identification number for an animal. It 

may also be used as a component of a 

group/lot identification number. The 

premises identification number may 

consist of: 

(1) The State’s two-letter postal abbreviation followed by the premises’ 

assigned number; or 

(2) A seven-character alphanumeric 

code, with the right-most character 

being a check digit. The check digit 

number is based upon the ISO 7064 Mod 

36/37 check digit algorithm. 

Secretary. The Secretary of Agriculture of the United States, or any officer or employee of the Department 

delegated to act in the Secretary’s 

stead. 

State. Each of the States of the 

United States, the District of Columbia, Puerto Rico, the Northern Mariana 

Islands, Guam, the Virgin Islands of 

the United States, or any other territory or possession of the United States. 

State representative. A person regularly employed in the animal health 

work of a State and who is authorized 

by that State to perform the function 

involved. 

Trace back herd. A herd in which a 

CWD-positive animal formerly resided. 

Trace forward herd. A herd that has 

received exposed animals from a CWDpositive herd within 5 years prior to 

the diagnosis of CWD in the positive 

herd or from the identified date of 

entry of CWD into the positive herd. 

Veterinarian in charge. The veterinary 

official of Veterinary Services, APHIS, 

who is assigned by the Administrator 

to supervise and perform official animal health work for APHIS in the 

State concerned. 

[67 FR 5931, Feb. 8, 2002, as amended at 71 FR 

41701, July 21, 2006; 77 FR 35565, June 13, 2012; 

79 FR 23891, Apr. 29, 2014] 

Subpart A—Chronic Wasting 

Disease Indemnification Program 

§ 55.2 Payment of indemnity. 

The Administrator is authorized to 

pay for the purchase and destruction of 

CWD positive animals, CWD exposed 

animals, and CWD suspect animals. 

Subject to available funding, the 

amount of the Federal payment for any 

such animals will be 95 percent of the 

appraised value established in accordance with §55.3 of this part, but the 

Federal payment shall not exceed $3,000 

per animal. If a non-Federal source 

makes a payment for an animal for 

which a Federal indemnity is paid, and 

the non-Federal payment exceeds 5 percent of the appraised value established 

in accordance with §55.3 of this part, 

the amount of the Federal payment for 

any such animals will be reduced by 

the amount by which the non-Federal 

payment exceeds 5 percent of the appraised value. The Administrator is 

also authorized to reimburse State governments or State animal health agencies for payments they make for the 

purchase and destruction, on or after 

October 1, 2001, of CWD positive animals, CWD exposed animals, and CWD 

suspect animals, and for State expenditures for associated carcass disposal 

and cleaning and disinfection costs resulting from such purchase and destruction, in accordance with cooperative agreements signed by the Administrator and the duly authorized agent of 

the State. 

§ 55.3 Appraisal and destruction of 

captive cervids. 

(a) CWD positive herds, or individual 

CWD suspect animals or exposed animals removed by APHIS from a herd 

for testing, will be appraised by an 

APHIS official appraiser and a State 

official appraiser jointly, or, if APHIS 

and State authorities agree, by either a 

State official appraiser or an APHIS official appraiser alone. 

(b) The appraisal of cervids will be 

the fair market value as determined by 

the meat or breeding value of the animals. Animals may be appraised in 

groups, provided that where appraisal 

is by the head, each animal in the 

group is the same value per head, and 

where appraisal is by the pound, each 

animal in the group is the same value 

per pound. 

(c) Appraisals of cervids must be reported on forms furnished by APHIS 

and signed by the appraisers, and 

signed by the owner of the cervids to 

indicate agreement with the appraisal 

amount. Reports of appraisals must 

show the number of cervids and the 

value per head or the weight and value 

by pound. 


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Animal and Plant Health Inspection Service, USDA § 55.6 

(d) In accordance with instructions 

from an APHIS employee, cervids for 

which indemnification is sought must 

be: 

(1) Destroyed on the premises where 

they are held, pastured, or penned at 

the time indemnity is approved; 

(2) Moved to another location for destruction under conditions specified by 

the APHIS employee; or 

(3) Moved to an approved research facility under conditions specified by the 

APHIS employee. 

(e) The carcasses of any cervids destroyed in accordance with this part 

are authorized by the Administrator to 

be incinerated, destroyed in an alkaline hydrolysis tissue digestor, or disposed of by any other method authorized by an APHIS employee and in accordance with local, State, and Federal 

laws. APHIS will pay the reasonable 

costs of destruction and carcass disposal for animals that are indemnified. 

To obtain reimbursement for disposal 

costs, animal owners must obtain written approval of the disposal costs from 

APHIS, prior to disposal. Except in 

cases where APHIS or a State directly 

arranges for disposal, the owner of the 

animals must present an APHIS employee with a written contract or estimate of disposal costs. Prior to receiving reimbursement, the owner must 

also present an APHIS employee with a 

copy of either a receipt for expenses 

paid by the owner or a bill for services 

rendered to the owner. Any bill for 

services rendered presented by the 

owner must not be greater than the 

normal fee for similar services provided by commercial entities. The carcasses of cervids destroyed in accordance with this section may not be sold 

to be processed for human or animal 

food, including dietary supplements. 

(Approved by the Office of Management and 

Budget under control number 0579–0189) 

§ 55.4 Disinfection of premises, conveyances, and materials. 

After cervids are destroyed in accordance with this part, all premises, including barns, stockyards and pens, all 

cars and other conveyances, and all 

other materials on any premises or 

conveyances used to house or transport 

such cervids must be cleaned and disinfected under the supervision of an 

APHIS employee or a State representative, using methods specified by the 

APHIS employee or a State representative. Premises may not be restocked 

with cervids until after the date specified in the herd plan required by 

§55.7(b) of this part. The owner to 

whom the indemnity is paid will be responsible for expenses incurred in connection with the cleaning and disinfection, except that APHIS or a State will 

pay for cleaning and disinfection of the 

conveyances used to transport the 

cervids to the location of disposal. 

However, APHIS may also decide to 

pay the cost of cleaning and disinfecting premises when the procedures 

needed to conduct effective cleaning 

and disinfection are unusually extensive and require methods that are not 

normally available on a premises. For 

example, normal procedures would include washing surfaces with high-pressure hoses and disinfectants and burying or burning contaminated materials. 

Unusually extensive procedures would 

include disposing of contaminated materials by digestive disposal or hightemperature incineration. 

§ 55.5 Presentation of claims for indemnity. 

Claims for indemnity for the value of 

animals destroyed must be documented 

on a form furnished by APHIS and presented to an APHIS employee or a 

State representative authorized to accept the claims. 

(Approved by the Office of Management and 

Budget under control number 0579–0189) 

§ 55.6 Mortgage against animals. 

When cervids have been destroyed 

under this part, any claim for indemnity must be presented on forms furnished by APHIS. The owner of the 

cervids must certify on the forms that 

the cervids covered are, or are not, subject to any mortgage as defined in this 

part. If the owner states there is a 

mortgage, the owner and each person 

holding a mortgage on the cervids 

must sign, consenting to the payment 

of indemnity to the person specified on 

the form. 

(Approved by the Office of Management and 

Budget under control number 0579–0189) 


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§ 55.7 9 CFR Ch. I (1–1–16 Edition) 

1 An inspection may include, but is not limited to, review and copying of records, examination of slides, observation of the test 

being conducted, and interviewing of personnel. 

§ 55.7 Claims not allowed. 

(a) The Department will not allow 

claims arising out of the destruction of 

cervids unless the cervids have been appraised as prescribed in this part and 

the owners have signed the appraisal 

form indicating agreement with the appraisal amount as required by §55.3(c) 

of this part. 

(b) The Department will not allow 

claims arising out of the destruction of 

cervids unless the owners have signed a 

written agreement with APHIS in 

which they agree that if they maintain 

cervids in the future on the premises 

used for cervids for which indemnity is 

paid, they will maintain the cervids in 

accordance with a herd plan and will 

not introduce cervids onto the premises until after the date specified in 

that herd plan. Persons who violate 

this written agreement may be subject 

to civil and criminal penalties. 

(c) The Department will not allow 

claims arising out of the destruction of 

cervids that have been moved or handled by the owner or a representative 

of the owner in violation of a law or 

regulation administered by the Secretary regarding animal disease, or in 

violation of a law or regulation for 

which the Secretary has entered into a 

cooperative agreement. 

(Approved by the Office of Management and 

Budget under control number 0579–0189) 

§ 55.8 Official CWD tests and approval 

of laboratories to conduct official 

CWD tests. 

(a) An official CWD test is: 

(1) Histopathological examination of 

central nervous system (CNS) tissues 

from the animal for characteristic microscopic lesions of CWD, using test 

protocols provided by the National 

Veterinary Services Laboratories 

(NVSL); 

(2) The use of proteinase-resistant 

protein analysis methods including but 

not limited to immunohistochemistry 

and/or western blotting on CNS and/or 

peripheral tissue samples from a live or 

a dead animal, using test protocols provided by NVSL; or 

(3) Any other test method approved 

by the Administrator in accordance 

with this section. 

(b) The Administrator may approve 

new tests for the diagnosis of CWD conducted on live or dead animals, and 

will base the approval or disapproval of 

a test on the evaluation by APHIS and, 

when appropriate, outside scientists, 

of: 

(1) A standardized test protocol that 

must include a description of the test, 

a description of the reagents, materials, and equipment used for the test, 

the test methodology, and any control 

or quality assurance procedures; 

(2) Data to support reproducibility, 

that is, the ability to reproduce the 

same result repeatedly on a given sample; 

(3) Data to support suitability, that 

is, data to show that similar results 

can be produced when the test is run at 

other laboratories; 

(4) Data to support the sensitivity 

and specificity of the test; and 

(5) Any other data requested by the 

Administrator to determine the suitability of the test for program use. 

(c) Specific protocols for official CWD 

tests are available upon request to 

NVSL. 

(d) State, Federal, and university 

laboratories will be approved by the 

Administrator to conduct official CWD 

tests when he or she determines that 

the laboratory: 

(1) Employs personnel assigned to supervise the testing who are qualified to 

conduct the test based on education, 

training, and experience and who have 

been trained by NVSL or who have 

completed equivalent training approved by NVSL; 

(2) Has adequate facilities and equipment to conduct the test; 

(3) Follows standard test protocols; 

(4) Meets check test proficiency requirements; 

(5) Meets recordkeeping requirements; 

(6) Will retain records, slides, blocks, 

and other specimens from all cases for 

at least 1 year and from positive cases 

for 5 years; 

(7) Will allow APHIS to inspect 1 the 

laboratory without notice during normal business hours; and 


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Animal and Plant Health Inspection Service, USDA § 55.22 

(8) Will report all test results to 

State and Federal animal health officials within agreed timeframes. 

(e) The Administrator may withdraw 

approval of any laboratory for failure 

to meet any of the conditions required 

by paragraph (d) of this section. The 

Administrator shall give written notice 

of the proposed withdrawal to the director of the laboratory and shall give 

the director an opportunity to respond. 

If there are conflicts as to any material 

fact concerning the reason for withdrawal, a hearing will be held to resolve the conflicts. The hearing will be 

conducted in accordance with rules of 

practice that will be adopted by the 

Administrator for the proceeding. 

Subpart B—Chronic Wasting Disease Herd Certification Program 

SOURCE: 77 FR 35566, June 13, 2012, unless 

otherwise noted. 

§ 55.21 Administration. 

The CWD Herd Certification Program 

is a cooperative effort between APHIS, 

State animal health and wildlife agencies, and deer, elk, and moose owners. 

APHIS coordinates with these State 

agencies to encourage deer, elk, and 

moose owners to certify their herds as 

low risk for CWD by being in continuous compliance with the CWD Herd 

Certification Program standards. 

§ 55.22 Participation and enrollment. 

(a) Participation by States. Any State 

that operates a State program to certify the CWD status of deer, elk, or 

moose may request the Administrator 

to designate the State program as an 

Approved State CWD Herd Certification Program. The Administrator 

will approve or disapprove a State program in accordance with §55.23(a). In 

States with an Approved State CWD 

Herd Certification Program, program 

activities will be conducted in accordance with the guidelines of that program as long as the State program 

meets the minimum requirements of 

this part. A list of Approved State 

CWD Herd Certification Programs may 

be obtained by writing to the National 

Center for Animal Health Program, 

VS, APHIS, 4700 River Road Unit 43, 

Riverdale, MD 20737–1235. 

(b) Participation by owners. Any owner 

of a farmed or captive deer, elk, or 

moose herd may apply to enroll in an 

Approved State CWD Herd Certification Program by sending a written 

request to the appropriate State agency. Subject to the availability of appropriated funds for a Federal CWD 

Herd Certification Program, the owner 

may apply to the APHIS veterinarian 

in charge if no Approved State CWD 

Herd Certification Program exists in 

the herd’s State. APHIS or the State 

will determine the herd’s eligibility, 

and if needed will require the owner to 

submit more details about the herd 

animals and operations. An application 

for participation may be denied if 

APHIS or the State determines that 

the applicant has previously violated 

State or Federal laws or regulations 

for livestock, and that the nature of 

the violation indicates that the applicant may not faithfully comply with 

the requirements of the CWD Herd Certification Program. If the enrolling 

herd is a CWD-positive herd or CWDexposed herd, immediately after enrollment it must begin complying with a 

herd plan developed in accordance with 

§55.24. After determining that the herd 

is eligible to participate in accordance 

with this paragraph, APHIS or the appropriate State agency will send the 

herd owner a notice of enrollment that 

includes the herd’s enrollment date. Inquiries regarding which herds are participating in the CWD Herd Certification Program and their certification 

should be directed to the State representative of the relevant State. 

(1) Enrollment date. With the exceptions listed in this paragraph, the enrollment date for any herd that joins 

the CWD Herd Certification Program 

after August 13, 2012 will be the date 

the herd is approved for participation. 

(i) For herds already participating in 

State CWD programs, the enrollment 

date will be the first day that the herd 

participated in a State program that 

APHIS subsequently determines qualifies as an Approved State CWD Herd 

Certification Program in accordance 

with §55.23(a) of this part. 

(ii) For herds that enroll directly in 

the Federal CWD Herd Certification 


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§ 55.23 9 CFR Ch. I (1–1–16 Edition) 

Program, which is allowed only when 

there is no Approved State CWD Herd 

Certification Program in their State 

and which is subject to the availability 

of appropriated funds, the enrollment 

date will be the earlier of: 

(A) The date APHIS approves enrollment; or 

(B) If APHIS determines that the 

herd owner has maintained the herd in 

a manner that substantially meets the 

conditions specified in §55.23(b) for 

herd owners, the first day that the herd 

participated in such a program. However, in such cases the enrollment date 

may not be set at a date more than 3 

years prior to the date that APHIS approved enrollment of the herd. 

(iii) For new herds that were formed 

from and contain only animals from 

herds enrolled in the CWD Herd Certification Program, the enrollment date 

will be the latest enrollment date for 

any source herd for the animals. 

(2) [Reserved] 

(Approved by the Office of Management and 

Budget under control number 0579–0237) 

§ 55.23 Responsibilities of States and 

enrolled herd owners. 

(a) Approval of State programs and responsibilities of States. In reviewing a 

State program’s eligibility to be designated an Approved State CWD Herd 

Certification Program, the Administrator will evaluate a written statement from the State that describes the 

State’s CWD control and deer, elk, and 

moose herd certification activities and 

that cites relevant State statutes, regulations, and directives pertaining to 

animal health activities and reports 

and publications of the State. In determining whether the State program 

qualifies, the Administrator will determine whether the State: 

(1) Has the authority, based on State 

law or regulation, to restrict the intrastate movement of all CWD-positive, 

CWD-suspect, and CWD-exposed animals. 

(2) Has the authority, based on State 

law or regulation, to require the 

prompt reporting of any animal suspected of having CWD and test results 

for any animals tested for CWD to 

State or Federal animal health authorities. 

(3) Has, in cooperation with APHIS 

personnel, drafted and signed a memorandum of understanding with APHIS 

that delineates the respective roles of 

the State and APHIS in CWD Herd Certification Program implementation. 

(4) Has placed all known CWD-positive, CWD-exposed, and CWD-suspect 

animals and herds under movement restrictions, with movement of animals 

from them only for destruction or 

under permit. 

(5) Has effectively implemented policies to: 

(i) Promptly investigate all animals 

reported as CWD-suspect animals; 

(ii) Designate herds as CWD-positive, 

CWD-exposed, or CWD-suspect and 

promptly restrict movement of animals from the herd after an APHIS employee or State representative determines that the herd contains or has 

contained a CWD-positive animal; 

(iii) Remove herd movement restrictions only after completion of a herd 

plan agreed upon by the State representative, APHIS, and the owner; 

(iv) Conduct an epidemiologic investigation of CWD-positive, CWD-exposed, and CWD-suspect herds that includes the designation of suspect and 

exposed animals and that identifies 

animals to be traced; 

(v) Conduct tracebacks of CWD-positive animals and traceouts of CWD-exposed animals and report any out-ofState traces to the appropriate State 

promptly after receipt of notification 

of a CWD-positive animal; and 

(vi) Conduct tracebacks based on 

slaughter or other sampling promptly 

after receipt of notification of a CWDpositive animal at slaughter. 

(6) Effectively monitors and enforces 

State quarantines and State reporting 

laws and regulations for CWD. 

(7) Has designated at least one State 

animal health official, or has worked 

with APHIS to designate an APHIS official, to coordinate CWD Herd Certification Program activities in the State. 

(8) Has programs to educate those engaged in the interstate movement of 

deer, elk, and moose regarding the 

identification and recordkeeping requirements of this part. 

(9) Requires, based on State law or 

regulation, and effectively enforces 

identification of all animals in herds 


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Animal and Plant Health Inspection Service, USDA § 55.23 

participating in the CWD Herd Certification Program; 

(10) Maintains in the CWD National 

Database administered by APHIS, or in 

a State database approved by the Administrator as compatible with the 

CWD National Database, the State’s: 

(i) Premises information and assigned premises numbers; 

(ii) Individual animal information on 

all deer, elk, and moose in herds participating in the CWD Herd Certification Program in the State; 

(iii) Individual animal information 

on all out-of-State deer, elk, and moose 

to be traced; and 

(iv) Accurate herd status data. 

(11) Requires that tissues from all 

CWD-exposed or CWD-suspect animals 

that die or are depopulated or otherwise killed be submitted to a laboratory authorized by the Administrator 

to conduct official CWD tests and requires appropriate disposal of the carcasses of CWD-positive, CWD-exposed, 

and CWD-suspect animals. 

(b) Responsibilities of enrolled herd 

owners. Herd owners who enroll in the 

CWD Herd Certification Program agree 

to maintain their herds in accordance 

with the following conditions: 

(1) Each animal in the herd must be 

identified using means of animal identification specified in §55.25. All animals in an enrolled herd must be identified before reaching 12 months of age. 

In addition, all animals of any age in 

an enrolled herd must be identified before being moved from the herd premises. In addition, all animals in an enrolled herd must be identified before 

the inventory required under paragraph (b)(4) of this section, and animals 

found to be in violation of this requirement during the inventory must be 

identified during or after the inventory 

on a schedule specified by the APHIS 

employee or State representative conducting the inventory; 

(2) The herd premises must have perimeter fencing adequate to prevent ingress or egress of cervids. This fencing 

must also comply with any applicable 

State regulations; 

(3) The owner must immediately report to an APHIS employee or State 

representative all animals that escape 

or disappear, and all deaths (including 

animals killed on premises maintained 

for hunting and animals sent to slaughter) of deer, elk, and moose in the herd 

aged 12 months or older; Except that, 

APHIS employees or State representatives may approve reporting schedules 

other than immediate notification 

when herd conditions warrant it in the 

opinion of both APHIS and the State. 

The report must include the identification numbers of the animals involved 

and the estimated time and date of the 

death, escape, or disappearance. For 

animals that die (including animals 

killed on premises maintained for 

hunting and animals sent to slaughter), the owner must inform an APHIS 

or State representative and must make 

the carcasses of the animals available 

for tissue sampling and testing in accordance with instructions from the 

APHIS or State representative. In 

cases where animals escape or disappear and thus are not available for 

tissue sampling and testing, or when 

the owner provides samples that are of 

such poor quality that they cannot be 

tested for CWD, an APHIS representative will investigate whether the unavailability of animals or usable samples for testing constitutes a failure to 

comply with program requirements and 

will affect the herd’s status in the CWD 

Herd Certification Program; 

(4) The owner must maintain herd 

records that include a complete inventory of animals that states the species, 

age, and sex of each animal, the date of 

acquisition and source of each animal 

that was not born into the herd, the 

date of disposal and destination of any 

animal removed from the herd, and all 

individual identification numbers 

(from tags, tattoos, electronic implants, etc.) associated with each animal. Upon request by an APHIS employee or State representative, the 

owner must allow either of these officials or a designated accredited veterinarian access to the premises and herd 

to conduct an inventory. The owner 

will be responsible for assembling, handling, and restraining the animals and 

for all costs incurred to present the 

animals for inspection. The APHIS employee or State representative may 

order either an inventory that consists 

of review of herd records with visual 

examination of an enclosed group of 

animals, or a complete physical herd 


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§ 55.24 9 CFR Ch. I (1–1–16 Edition) 

inventory with verification to reconcile all animals and identifications 

with the records maintained by the 

owner. In the latter case, the owner 

must present the entire herd for inspection under conditions where the 

APHIS employee, State representative, 

or accredited veterinarian can safely 

read all identification on the animals. 

During inventories, the owner must cooperate with the inspector to resolve 

any discrepancies to the satisfaction of 

the person performing the inventory. 

Inventory of a herd will be conducted 

no more frequently than once per year, 

unless an APHIS employee, State representative, or accredited veterinarian 

determines that more frequent inventories are needed based on indications 

that the herd may not be in compliance 

with CWD Herd Certification Program 

requirements. A complete physical 

herd inventory must be performed on a 

herd in accordance with this paragraph 

at the time a herd is enrolled in the 

CWD Herd Certification Program; Except that, APHIS may accept a complete physical herd inventory performed by an APHIS employee, State 

representative, or accredited veterinarian not more than 1 year before the 

herd’s date of enrollment in the CWD 

Herd Certification Program as fulfilling the requirement for an initial 

inventory. In addition, a complete 

physical herd inventory must be performed for all herds enrolled in the 

CWD Herd Certification Program no 

more than 3 years after the last complete physical herd inventory for the 

herd; 

(5) If an owner wishes to maintain 

separate herds, he or she must maintain separate herd inventories, records, 

working facilities, water sources, 

equipment, and land use. There must 

be a buffer zone of at least 30 feet between the perimeter fencing around 

separate herds, and no commingling of 

animals may occur. Movement of animals between herds must be recorded 

as if they were separately owned herds; 

(6) New animals may be introduced 

into the herd only from other herds enrolled in the CWD Herd Certification 

Program. If animals are received from 

an enrolled herd with a lower program 

status, the receiving herd will revert to 

that lower program status. If animals 

are obtained from a herd not participating in the program, then the receiving herd will be required to start over 

in the program. 

(Approved by the Office of Management and 

Budget under control number 0579–0237) 

§ 55.24 Herd status. 

(a) Initial and subsequent status. When 

a herd is first enrolled in the CWD Herd 

Certification Program, it will be placed 

in First Year status; except that, if the 

herd is composed solely of animals obtained from herds already enrolled in 

the Program, the newly enrolled herd 

will have the same status as the lowest 

status of any herd that provided animals for the new herd. If the herd continues to meet the requirements of the 

CWD Herd Certification Program, each 

year, on the anniversary of the enrollment date the herd status will be upgraded by 1 year; i.e., Second Year status, Third Year status, Fourth Year 

status, and Fifth Year status. One year 

from the date a herd is placed in Fifth 

Year status, the herd status will be 

changed to Certified, and the herd will 

remain in Certified status as long as it 

is enrolled in the program, provided its 

status is not lost or suspended in accordance with this section. 

(b) Loss or suspension of herd status. 

(1) If a herd is designated a CWD-positive herd or a CWD-exposed herd, it 

will immediately lose its program status and may only reenroll after entering into a herd plan. 

(2) If a herd is designated a CWD-suspect herd, a trace back herd, or a trace 

forward herd, it will immediately be 

placed in Suspended status pending an 

epidemiologic investigation by APHIS 

or a State animal health agency. If the 

epidemiologic investigation determines 

that the herd was not commingled with 

a CWD-positive animal, the herd will 

be reinstated to its former program 

status, and the time spent in Suspended status will count toward its 

promotion to the next herd status 

level. 

(i) If the epidemiologic investigation 

determines that the herd was commingled with a CWD-positive animal, the 

herd will lose its program status and 

will be designated a CWD-exposed herd. 

(ii) If the epidemiological investigation is unable to make a determination 


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Animal and Plant Health Inspection Service, USDA § 55.24 

regarding the exposure of the herd, because the necessary animal or animals 

are no longer available for testing (i.e., 

a trace animal from a known positive 

herd died and was not tested) or for 

other reasons, the herd status will continue as Suspended unless and until a 

herd plan is developed for the herd. If a 

herd plan is developed and implemented, the herd will be reinstated to 

its former program status, and the 

time spent in Suspended status will 

count toward its promotion to the next 

herd status level; Except that, if the epidemiological investigation finds that 

the owner of the herd has not fully 

complied with program requirements 

for animal identification, animal testing, and recordkeeping, the herd will be 

reinstated into the CWD Herd Certification Program at the First Year status level, with a new enrollment date 

set at the date the herd entered into 

Suspended status. Any herd reinstated 

after being placed in Suspended status 

must then comply with the requirements of the herd plan as well as the 

requirements of the CWD Herd Certification Program. The herd plan will require testing of all animals that die in 

the herd for any reason, regardless of 

the age of the animal, may require 

movement restrictions for animals in 

the herd based on epidemiologic evidence regarding the risk posed by the 

animals in question, and may include 

other requirements found necessary to 

control the risk of spreading CWD. 

(3) If an APHIS or State representative determines that animals from a 

herd enrolled in the program have commingled with animals from a herd with 

a lower program status, the herd with 

the higher program status will be reduced to the status of the herd with 

which its animals commingled. 

(c) Cancellation of enrollment by Administrator. The Administrator may 

cancel the enrollment of an enrolled 

herd by giving written notice to the 

herd owner. In the event of such cancellation, any herd enrolled in the CWD 

Herd Certification Program by that 

herd owner may not reach Certified 

status until 5 years after the herd owner’s new application for enrollment is 

approved by APHIS, regardless of the 

status of the animals of which the herd 

is composed. The Administrator may 

cancel enrollment after determining 

that the herd owner failed to comply 

with any requirements of this subpart. 

Before enrollment is canceled, an 

APHIS representative will inform the 

herd owner of the reasons for the proposed cancellation. 

(1) Herd owners may appeal designation of an animal as CWD-positive, cancellation of enrollment of a herd, or 

loss or suspension of herd status by 

writing to the Administrator within 10 

days after being informed of the reasons for the action. The appeal must 

include all of the facts and reasons 

upon which the herd owner relies to 

show that the reasons for the action 

are incorrect or do not support the action. Specifically, to appeal designation of an animal as CWD-positive, the 

owner may present as evidence the results of a DNA test requested and paid 

for by the owner to determine whether 

previous official CWD test results were 

correctly associated with an animal 

that belonged to the owner. If the 

owner intends to present such test results as evidence, he or she shall request the tests and state this in the 

written notice sent to the Administrator. In such cases the Administrator 

may postpone a decision on the appeal 

for a reasonable period pending receipt 

of such test results. To this end, laboratories approved under §55.8 are authorized to conduct DNA tests to compare tissue samples tested for CWD to 

samples from tissues that were collected at the same time from the same 

animal and are attached to an official 

identification device. Such DNA tests 

are available only if the animal owner 

arranged to submit animal tissue attached to an official identification device along with the other tissues that 

were collected for the official CWD 

test. The Administrator will grant or 

deny the appeal in writing as promptly 

as circumstances permit, stating the 

reason for his or her decision. If the 

Administrator grants an appeal of the 

status of a CWD-positive animal, the 

animal shall be redesignated as CWDsuspect pending further investigation 

to establish the final status of the animal and its herd. If there is a conflict 

as to any material fact, a hearing will 

be held to resolve the conflict. Rules of 


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§ 55.25 9 CFR Ch. I (1–1–16 Edition) 

5 Note that in addition to this requirement, 

§81.3 of this chapter restricts the interstate 

movement of farmed and captive deer, elk, 

and moose based on their status in the CWD 

Herd Certification Program. 

practice concerning the hearing will be 

adopted by the Administrator. 

(2) [Reserved] 

(d) Herd status of animals added to 

herds. A herd may add animals from 

herds with the same or a higher herd 

status in the CWD Herd Certification 

Program with no negative impact on 

the certification status of the receiving 

herd. 5 If animals are acquired from a 

herd with a lower herd status, the receiving herd reverts to the program 

status of the sending herd. If a herd 

participating in the CWD Herd Certification Program acquires animals from 

a nonparticipating herd, the receiving 

herd reverts to First Year status with 

a new enrollment date of the date of 

acquisition of the animal. 

(Approved by the Office of Management and 

Budget under control number 0579–0237) 

§ 55.25 Animal identification. 

Each animal required to be identified 

by this subpart must have at least two 

forms of animal identification attached 

to the animal. One of the animal identifications must be official animal 

identification as defined in this part, 

with a nationally unique animal identification number that is linked to that 

animal in the CWD National Database 

or in an approved State database. The 

second animal identification must be 

unique for the individual animal within 

the herd and also must be linked to 

that animal and herd in the CWD National Database or in an approved 

State database. The means of animal 

identification must be approved for 

this use by APHIS, and must be an 

electronic implant, flank tattoo, ear 

tattoo, tamper-resistant ear tag, or 

other device approved by APHIS. 

(Approved by the Office of Management and 

Budget under control number 0579–0237) 

PART 56—CONTROL OF H5/H7 

LOW PATHOGENIC AVIAN INFLUENZA 

Sec. 

56.1 Definitions. 

56.2 Cooperation with States. 

56.3 Payment of indemnity. 

56.4 Determination of indemnity amounts. 

56.5 Destruction and disposal of poultry and 

cleaning and disinfection of premises, 

conveyances, and materials. 

56.6 Presentation of claims for indemnity. 

56.7 Mortgage against poultry or eggs. 

56.8 Conditions for payment. 

56.9 Claims not allowed. 

56.10 Initial State response and containment plan. 

AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 

2.80, and 371.4. 

SOURCE: 71 FR 56323, Sept. 26, 2006, unless 

otherwise noted. 

§ 56.1 Definitions. 

Administrator. The Administrator, 

Animal and Plant Health Inspection 

Service, or any other employee of the 

Animal and Plant Health Inspection 

Service delegated to act in the Administrator’s stead. 

Animal and Plant Health Inspection 

Service (APHIS). The Animal and Plant 

Health Inspection Service of the U.S. 

Department of Agriculture. 

Breeding flock. A flock that is composed of stock that has been developed 

for commercial egg or meat production 

and is maintained for the principal purpose of producing chicks for the ultimate production of eggs or meat for 

human consumption. 

Classification. A designation earned 

by participation in a Plan program. 

Commercial flock or slaughter plant. A 

commercial poultry flock or slaughter 

plant that is required because of its 

size to participate in the special provisions in part 146 of this chapter in 

order to participate in the Plan. 

Cooperating State Agency. Any State 

authority recognized by the Department to cooperate in the administration of the provisions of this part 56. 

This may include the State animal 

health authority or the Official State 

Agency. 

Department. The U.S. Department of 

Agriculture. 

Domesticated. Propagated and maintained under the control of a person. 


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Animal and Plant Health Inspection Service, USDA Pt. 81 

2 A list of recognized slaughtering establishments in any State may be obtained from 

an APHIS representative, the State animal 

health official, or a State representative. 

Recognized slaughtering establishment. 

A slaughtering establishment 2 operating under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or a State 

inspected slaughtering establishment. 

State. Any of the 50 States, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the District of Columbia, and 

any territories and possessions of the 

United States. 

State animal health official. The State 

official responsible for livestock and 

poultry disease control and eradication 

programs. 

State representative. An individual employed in animal health work by a 

State or political subdivision of a 

State, and who is authorized by the 

State or political subdivision to perform tasks required by this part. 

United States. All of the States. 

[65 FR 18878, Apr. 10, 2000, as amended at 69 

FR 64650, Nov. 8, 2004; 72 FR 39306, July 18, 

2007; 73 FR 54062, Sept. 18, 2008] 

§ 80.2 General restrictions. 

Domestic animals that are positive 

to an official Johne’s disease test may 

not be moved interstate except in compliance with this part. 

§ 80.3 Movement of domestic animals 

that are positive to an official 

Johne’s disease test. 

(a) Movement of domestic animals for 

slaughter. Domestic animals that are 

positive to an official Johne’s disease 

test may be moved interstate for 

slaughter if: 

(1) The animals are moved directly to 

a recognized slaughtering establishment or to an approved livestock facility for sale to a recognized slaughtering establishment; 

(2) An owner-shipper statement that 

identifies the animals as positive to an 

official Johne’s disease test accompanies the animals during the movement and is delivered to the consignee; 

(3) Each animal bears an official 

eartag; and 

(4) The animals are moved to the destination in one continuous movement 

without unloading. 

(b) Other movements. The Administrator may, upon request in specific 

cases, allow domestic animals that are 

positive to an official Johne’s disease 

test to be moved interstate other than 

as provided in paragraph (a) of this section, under such conditions as the Administrator may prescribe in each case 

to prevent the spread of Johne’s disease. The Administrator will promptly 

notify the State animal health officials 

of the States involved of any such action. 

(c) Cleaning and disinfecting. Each 

means of conveyance used to transport 

the animals must be cleaned and disinfected in accordance with §71.6 of 

this chapter. The facilities in which 

the animals were maintained must be 

cleaned and disinfected in accordance 

with §71.7 of this chapter. 

§ 80.4 Segregation of animals positive 

to an official Johne’s disease test 

during interstate movement. 

Animals that are positive to an official Johne’s disease test may not be 

moved interstate in a railroad car, 

boat, truck, or other vehicle containing healthy animals susceptible to 

Johne’s disease unless all of the animals are for immediate slaughter, or 

unless the positive animals are kept 

separate from the other animals by a 

partition that is securely affixed to the 

sides of the vehicle and prevents the 

transfer of fecal matter from the animals positive to an official Johne’s disease test to the healthy animals in the 

vehicle. 

PART 81—CHRONIC WASTING 

DISEASE IN DEER, ELK, AND MOOSE 

Sec. 

81.1 Definitions. 

81.2 Identification of deer, elk, and moose in 

interstate commerce. 

81.3 General restrictions. 

81.4 Issuance of certificates. 

81.5 Movement of deer, elk, or moose 

through a State to another State. 

81.6 Federal preemption of State and local 

laws and regulations with respect to 

CWD. 

AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 

2.80, and 371.4. 


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§ 81.1 9 CFR Ch. I (1–1–16 Edition) 

SOURCE: 77 FR 35569, June 13, 2012, unless 

otherwise noted. 

§ 81.1 Definitions. 

These definitions are applicable to 

this part: 

Accredited veterinarian. A veterinarian approved by the Administrator 

in accordance with part 161 of this 

chapter to perform functions specified 

in subchapters B, C, and D of this chapter. 

Administrator. The Administrator, 

Animal and Plant Health Inspection 

Service, or any person authorized to 

act for the Administrator. 

Animal. Any farmed or captive deer, 

elk, or moose. 

Animal and Plant Health Inspection 

Service (APHIS). The Animal and Plant 

Health Inspection Service of the United 

States Department of Agriculture. 

Animal identification. A device or 

means of animal identification approved for use under this part by 

APHIS. Examples of animal identification devices that APHIS has approved 

are listed in §55.25 of this chapter. 

Animal identification number (AIN). A 

numbering system for the official identification of individual animals in the 

United States. The AIN contains 15 digits, with the first 3 being the country 

code (840 for the United States), the 

alpha characters USA, or the numeric 

code assigned to the manufacturer of 

the identification device by the International Committee on Animal Recording. 

APHIS employee. Any individual employed by the Animal and Plant Health 

Inspection Service who is authorized 

by the Administrator to do any work 

or perform any duty in connection with 

the control and eradication of disease. 

Cervid. All members of the family 

Cervidae and hybrids, including deer, 

elk, moose, caribou, reindeer, and related species. For the purposes of this 

part, the term ‘‘cervid’’ refers specifically to cervids susceptible to CWD. 

These are animals in the genera 

Odocoileus, Cervus, and Alces and their 

hybrids, i.e., deer, elk, and moose. 

Chronic wasting disease (CWD). A 

transmissible spongiform 

encephalopathy of cervids. Clinical 

signs in affected animals include, but 

are not limited to, loss of body condition, behavioral changes, excessive salivation, increased drinking and urination, depression, and eventual death. 

CWD Herd Certification Program. The 

Chronic Wasting Disease Herd Certification Program established in part 55 

of this chapter. 

Deer, elk, and moose. All animals in 

the genera Odocoileus, Cervus, and 

Alces and their hybrids. 

Farmed or captive. Privately or publicly maintained or held for economic 

or other purposes within a perimeter 

fence or confined area, or captured 

from a wild population for interstate 

movement and release. 

National Uniform Eartagging System. A 

numbering system for the official identification of individual animals in the 

United States providing a nationally 

unique identification number for each 

animal. The National Uniform 

Eartagging System employs an eightor nine-character alphanumeric format, consisting of a two-number State 

or territory code, followed by two or 

three letters and four additional numbers. Official APHIS disease control 

programs may specify which format to 

employ. 

Official animal identification. A device 

or means of animal identification approved for use under this part by 

APHIS to uniquely identify individual 

animals. Examples of approved official 

animal identification devices are listed 

in §55.25 of this chapter. The official 

animal identification must include a 

nationally unique animal identification number that adheres to one of the 

following numbering systems: 

(1) National Uniform Eartagging System. The CWD program allows the use 

of either the eight-character or ninecharacter format for cervids. 

(2) Animal identification number 

(AIN). 

(3) Premises-based number system. 

The premises-based number system 

combines an official premises identification number (PIN), as defined in 

this section, with a producer’s livestock production numbering system to 

provide a unique identification number. The PIN and the production number must both appear on the official 

tag. 


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Animal and Plant Health Inspection Service, USDA § 81.3 

(4) Any other numbering system approved by the Administrator for the 

identification of animals in commerce. 

Premises identification number (PIN). A 

nationally unique number assigned by 

a State, Tribal, and/or Federal animal 

health authority to a premises that is, 

in the judgment of the State, Tribal, 

and/or Federal animal health authority, a geographically distinct location 

from other premises. The premises 

identification number is associated 

with an address, geospatial coordinates, and/or location descriptors 

which provide a verifiably unique location. The premises identification number may be used in conjunction with a 

producer’s own livestock production 

numbering system to provide a unique 

identification number for an animal. It 

may also be used as a component of a 

group/lot identification number. The 

premises identification number may 

consist of: 

(1) The State’s two-letter postal abbreviation followed by the premises’ 

assigned number; or 

(2) A seven-character alphanumeric 

code, with the right-most character 

being a check digit. The check digit 

number is based upon the ISO 7064 Mod 

36/37 check digit algorithm. 

Recognized slaughtering establishment. 

An establishment where slaughtering 

operations are regularly carried out 

under Federal or State inspection and 

which has been approved by the Animal 

and Plant Health Inspection Service to 

receive animals for slaughter. 

[77 FR 35569, June 13, 2012, as amended at 79 

FR 23891, Apr. 29, 2014] 

§ 81.2 Identification of deer, elk, and 

moose in interstate commerce. 

Each animal required to be identified 

by this part must have at least two 

forms of animal identification attached 

to the animal. The means of animal 

identification must be approved for 

this use by APHIS, and must be an 

electronic implant, flank tattoo, ear 

tattoo, tamper-resistant ear tag, or 

other device approved by APHIS. One 

of the animal identifications must be 

an official animal identification as defined in this part, with a nationally 

unique animal identification number 

that is linked to that animal in the 

CWD National Database or in an approved State database. The second animal identification must be unique for 

the individual animal within the herd 

and also must be linked to that animal 

and herd in the CWD National Database or in an approved State database. 

(Approved by the Office of Management and 

Budget under control number 0579–0237) 

§ 81.3 General restrictions. 

No farmed or captive deer, elk, or 

moose may be moved interstate unless 

it meets the requirements of this section. 

(a) Animals in the CWD Herd Certification Program. The captive deer, elk, 

or moose is: 

(1) Enrolled in the CWD Herd Certification Program and the herd has 

achieved Certified status in accordance 

with §55.24 of this chapter; and 

(2) Is accompanied by a certificate 

issued in accordance with §81.4 that 

identifies its herd of origin and that 

states that the animal’s herd has 

achieved Certified status and that the 

animal does not show clinical signs associated with CWD. 

(b) Animals captured for interstate 

movement and release. If the captive 

deer, elk, or moose was captured from 

a wild population for interstate movement and release, each animal must 

have two forms of animal identification, one of which is official animal 

identification, and the certificate 

issued in accordance with §81.4 that accompanies the animal must state that 

the source population has been documented to be low risk for CWD, based 

on a CWD surveillance program in wild 

cervid populations that is approved by 

the State Government of the receiving 

State and by APHIS. 

(c) Animals moved to slaughter. The 

farmed or captive deer, elk, or moose 

must be moved directly to a recognized 

slaughtering establishment for slaughter, must have two forms of animal 

identification, one of which is official 

animal identification, and must be accompanied by a certificate issued in accordance with §81.4. 

(d) Research animal movements and 

permits. A research animal permit is required for the interstate movement of 

cervids for research purposes. The permit will specify any special conditions 

of the movement determined by the 


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§ 81.4 9 CFR Ch. I (1–1–16 Edition) 

Administrator to be necessary to prevent the dissemination of CWD. The 

Administrator may, at his or her discretion, issue the permit if he or she 

determines that the destination facility has adequate biosecurity and that 

the movement authorized will not result in the interstate dissemination of 

CWD. 

(1) To apply for a research animal 

permit, contact an APHIS employee or 

State representative and provide the 

following information: 

(i) The name and address of the person to whom the special permit is 

issued, the address at which the research cervids to be moved interstate 

are being held, and the name and address of the person receiving the 

cervids to be moved interstate; 

(ii) The number and type of cervids 

to be moved interstate; 

(iii) The reason for the interstate 

movement; 

(iv) Any safeguards in place to prevent transmission of CWD during 

movement or at the receiving location; 

and 

(v) The date on which movement will 

occur. 

(2) A copy of the research animal permit must accompany the cervids 

moved, and copies must be submitted 

so that a copy is received by the State 

animal health official and the veterinarian in charge for the State of destination at least 72 hours prior to the 

arrival of the cervids at the destination 

listed on the research animal permit. 

(e) Interstate movements approved by 

the Administrator. Notwithstanding any 

other provision of this part, interstate 

movement of farmed or captive deer, 

elk, and moose may be allowed on a 

case-by-case basis when the Administrator determines that adequate survey 

and mitigation procedures are in place 

to prevent dissemination of CWD and 

issues a permit for the movement. 

§ 81.4 Issuance of certificates. 

(a) Information required on certificates. 

A certificate must show any official 

animal identification numbers of each 

animal to be moved. A certificate must 

also show the number of animals covered by the certificate; the purpose for 

which the animals are to be moved; the 

points of origin and destination; the 

consignor; and the consignee. The certificate must include a statement by 

the issuing accredited veterinarian, 

State veterinarian, or Federal veterinarian that the animals were not exhibiting clinical signs associated with 

CWD at the time of examination. The 

certificate must also include a statement that the animals are from a herd 

that has achieved Certified status in 

the CWD Herd Certification Program, 

and must provide the herd’s program 

status, with the following exceptions: 

(1) Certificates issued for animals 

captured from a wild population for 

interstate movement and release do 

not need to state that the animals are 

from a herd that has achieved Certified 

status in the CWD Herd Certification 

Program but must include the statement required in §81.3(b); and 

(2) Certificates issued for animals 

moved directly to slaughter do not 

need to state that the animals are from 

a herd that has achieved Certified status in the CWD Herd Certification Program and must state that an APHIS 

employee or State representative has 

been notified in advance of the date the 

animals are being moved to slaughter. 

(b) Animal identification documents attached to certificates. As an alternative 

to typing or writing individual animal 

identification on a certificate, another 

document may be used to provide this 

information, but only under the following conditions: 

(1) The document must be a State 

form or APHIS form that requires individual identification of animals; 

(2) A legible copy of the document 

must be stapled to the original and 

each copy of the certificate; 

(3) Each copy of the document must 

identify each animal to be moved with 

the certificate, but any information 

pertaining to other animals, and any 

unused space on the document for recording animal identification, must be 

crossed out in ink; and 

(4) The following information must 

be typed or written in ink in the identification column on the original and 

each copy of the certificate and must 

be circled or boxed, also in ink, so that 

no additional information can be 

added: 

(i) The name of the document; and 


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Animal and Plant Health Inspection Service, USDA § 82.1 

(ii) Either the serial number on the 

document or, if the document is not 

imprinted with a serial number, both 

the name of the person who issued the 

document and the date the document 

was issued. 

(Approved by the Office of Management and 

Budget under control number 0579–0237) 

§ 81.5 Movement of deer, elk, or moose 

through a State to another State. 

Farmed or captive deer, elk, or 

moose may be moved through a State 

or locality whose laws or regulations 

on the movement of those animals are 

more restrictive than this part to another State under the following conditions: 

(a) The farmed or captive deer, elk, 

or moose must be eligible to move 

interstate under §81.3. 

(b) The farmed or captive deer, elk, 

or moose must meet the entry requirements of the destination State listed 

on the certificate or permit accompanying the animal. 

(c) Except in emergencies, the farmed 

or captive deer, elk, or moose must not 

be unloaded until their arrival at their 

destination. 

§ 81.6 Federal preemption of State and 

local laws and regulations with respect to CWD. 

State and local laws and regulations 

on farmed or captive deer, elk, or 

moose with respect to CWD that are 

more restrictive than the regulations 

in this part are not preempted by this 

part, except as described in §81.5. 

PART 82—NEWCASTLE DISEASE 

AND CHLAMYDIOSIS 

Subpart A—Newcastle Disease 

Sec. 

82.1 Definitions. 

82.2 Criteria for determining birds or poultry to be infected with, exposed to, or 

free from Newcastle disease. 

82.3 Quarantined areas. 

82.4 General provisions. 

82.5 Interstate movement of live birds and 

live poultry from a quarantined area. 

82.6 Interstate movement of dead birds and 

dead poultry from a quarantined area. 

82.7 Interstate movement of manure and litter from a quarantined area. 

82.8 Interstate movement of eggs, other 

than hatching eggs, from a quarantined 

area. 

82.9 Interstate movement of hatching eggs 

from a quarantined area. 

82.10 Interstate movement of vehicles, 

cages, coops, containers, troughs, and 

other equipment from a quarantined 

area. 

82.11 Issuance of permits. 

82.12 Other interstate movements and special permits. 

82.13 Denial and withdrawal of permits and 

special permits. 

82.14 Removal of quarantine. 

82.15 Replacement birds and poultry. 

82.16 Extraordinary emergencies: applicability of regulations. 

Subpart B—Chlamydiosis in Poultry 

82.19 Definitions. 

82.20 General restrictions. 

82.21 Vehicles, cages, coops, containers, 

troughs, and other equipment used for 

infected poultry. 

82.22 Cleaning and disinfecting premises. 

82.23 Issuance of permits. 

82.24 Other interstate movements and special permits. 

82.25 Denial and withdrawal of permits and 

special permits. 

AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 

2.80, and 371.4. 

SOURCE: 61 FR 56883, Nov. 5, 1996, unless 

otherwise noted. 

Subpart A—Newcastle Disease 

EDITORIAL NOTE: Nomenclature changes to 

subpart A of part 82 appear at 78 FR 19083, 

Mar. 29, 2013. 

§ 82.1 Definitions. 

As used in connection with this subpart, the following terms shall have 

the meaning set forth in this section. 

Administrator. The Administrator of 

the Animal and Plant Health Inspection Service or any individual authorized to act for the Administrator. 

Animal and Plant Health Inspection 

Service. The Animal and Plant Health 

Inspection Service of the United States 

Department of Agriculture. 

Bird. Any member of the class aves 

other than poultry. 

Commercial birds. Birds that are 

moved or kept for resale, breeding, 

public display, or any other purpose, 

except pet birds. 


Lhorne on DSK5TPTVN1PROD with CFR